TERMS & CONDITIONS

AGREEMENT:

By using and purchasing services from Tom Hunter Photography, on the PRESCOTT IMAGE website, you agree to be legally bound and abide by these Terms & Conditions set forth by Tom Hunter Photography on the PRESCOTT IMAGE website.

Tom Hunter Photography reserves the right to change or adjust these Terms & Conditions at any time on the PRESCOTT IMAGE website.

You should check the Terms & Conditions prior to booking for any changes. If you do not agree to the Terms & Conditions on the PRESCOTT IMAGE website, please do not use or purchase any of Tom Hunter Photography's services on the PRESCOTT IMAGE website.

The PRESCOTT IMAGE website is owned and managed by © Tom Hunter Photography, all rights reserved!

SCHEDULING:

Requesting service must take place at least 24 hours in advance in order to secure and confirm the assignment.

It is important (at this time) to state your full name and contact info (name, address, phone #, email, etc), along with the your pick-up & delivery location address (if separate from the previous address), quantity of images, any special requests needed for the requested assignment, and time for pick-up (if needed).
(If with an agency or firm, please provide this info as well)

👉 Providing this information is imperative to avoid a "No Call Back" (because of the substantial amount of SPAM)!

After requesting your assignment, an email will be sent back to you regarding availability.

If available for your request, Tom Hunter Photography (PRESCOTT IMAGE) with send you an attach PDF with pricing information and Terms & Conditions, as well as welcoming your request.

You in turn must reply to the email sent, stating that you confirm, accepting all Terms & Conditions and Pricing, in order to proceed with the your requested assignment.

Tom Hunter Photography (PRESCOTT IMAGE) will then email you a payment invoice (by Square) for the total amount due. Once your payment had been fulfilled, the photography assignment will then be confirmed (with a confirmation email).

If extra images are needed to be processed, in addition to the prepaid images (during the assignment), payment for these process images will be collected (by Square) before delivery.

IMPORTANT! - Upon confirmation, the client is bound to all "TERMS & CONDITIONS" stated on the PRESCOTT IMAGE website, by Tom Hunter Photography.

PHOTOS ARE READY TO SHOOT:

It is important that the images are ready for photography, meaning that all the prints/slides/negatives are clean, and organized by size, image format, order of succession, taken out of there sleeves (or what ever the images are bound in) and contained in a folder or box that is sound in construction (strurdy, not damaged, weather proof, etc.).

Tom Hunter Photography will take the utmost care of your images while in his possession at all times!

Tom Hunter Photography will not be liable for any damaged or aged prints/slides/negatives (of anykind). If you (the client) are sending images that may be fragile (in any way), it is importamt that these images are individually contained, so they are not damaged during delivery, or in Tom Hunter Photography's possession.

If these images (prints/slides/negatives) are not sound for handling, please consider another photo prosessing business that is equiped for handling and prosessing these fragile items. These are your precious memories, do what's right!

DAMAGED MEDIA:

Tom Hunter Photography will not except damaged media (prints, slides, negatives, digital media (of anykind), etc., that is beyond repairable, or in a state of condition that Tom Hunter Photography does not feel comfertable handling or repairing.

Fire damaged media will not be excepted (prints, slides, negatives, digital media (of anykind), because of potential health hazards (smoke and ash residue, mold, etc.).

CANCELLATION:

To cancel or reschedule a shoot, please contact Tom Hunter Photography at least 24 hours in advance to avoid a cancelation fee of $75 (of the scheduled service). Please understand that these costs are set in place to protect the photographers potential loss of business.

If mother nature decides to step in at a moments notice, or any other unforeseen acts of god, or emergency disrupting the scheduled shoot, then this is of coarse understandable, and the photo shoot may be rescheduled (at no additional cost).

TRAVEL FEE / PARKING (Opional):

Tom Hunter Photography is based in Prescott, and may offer Pick Up & Delivery service for the Prescott, AZ. Travel beyond the city of Prescott is not an option.

A Travel Fee of $60 plus $1.35 per mile will be added in addition to all service plans overall cost (this is for the Prescott, AZ. only).

Parking is to be provided for Pick Up & Delivery service.

All travel or service is at the photographers discretion.

PAYMENT POLICY:

Payment in full is due at the time of booking, to confirm the assignment (the assignment will not be confirmed until payment has been received).

Tom Hunter Photography only accepts credit card as the form of payment (Visa, MasterCard, American Express and Discover), and your credit card will be processed via Square, Tom Hunter Photography does not accept Check and Cash as other forms of payment.

If a good standing relationship has been established between the client/agent and Tom Hunter Photography, payment in full may be received after the shoot, at the time of the assignment (on Location).

NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT. ANY USE PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.

Adjustments of amounts or terms must be requested within five days of invoice receipt.

Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.

STANDBY FEE:

A $25 per hour Standby Fee may be used to compensate for a reasonable amount of time lost, standing by on location in order to complete a photography assignment.

SAFETY:

Tom Hunter Photography has the right to not except an assignment, or terminate service on location if a situation or environment does not feel safe, that may put Tom Hunter, or anyone, in harms way!

RE PHOTOGRAPHY (for residential properties)

PREMIUM PHOTOGRAPHY PLAN:

☞ See the THP website for this service!

During scheduling, the photographer may suggest the optimal time of day to begin service (considering where the sun should be for optimal photography).

Upon arrival, Tom Hunter will perform a walk through with the client in determining the proper or desired spaces to photograph.

Shooting each scene may take up to 30 minutes (depending on the complexity of the shoot).

If needed (and it usually does), the photographer will assist in staging a space, in order to enhance the look of the image, it is also very important that the agent, home owner or staging company have the property spaces ready for photography so that the photo shoot will move along in a timely manner.

During the shoot, it is not uncommon for Tom Hunter to ask the client (or director) for their opinion before capturing a scene, this is not being unprofessional, just being smart. The client may want something photographed specifically, and with a little bit of communication, everyone will be happy at the end of the day.

The client/agent must be present during the duration of the photo shoot (to avoid any complications).

Images may take up to 72 hours for delivery (either because of prior assignments, or the weight of the current assignment), but usually they are delivered sooner. Each image is edited optimally (in photoshop) to show the prospective buyer the properties full potential and beauty.

All image files will be sized for print (high res) and web (low res) output.

When editing is complete, the digital image files will be delivered by way of an online storage service (DropBox).

A download link will be emailed to the agent/client (or to any publication) in order for the images to be received.

A fulfillment invoice will be emailed to the client for their records.

The Premium Photography Plan may not be split up between two properties.

All photography assignments are at the photographers discretion.

All images © Tom Hunter Photography, all rights reserved.

EXPRESS PHOTOGRAPHY PLAN:

☞ See the THP website for this service!

The Express Photography Plan is offered to help assist a clients moderate photography needs, limited budget and time on location.

Before scheduling, it is very important that you review the TERMS & CONDITIONS (on this webpage) and choose a photo rate that fits your property - RATES & DETAILS ($150, $225, $275, etc), and click on "DETAILS" that's located below the rates (to give you a good understanding of the assignment process).

NOTE (APPROX. SHOOT TIME) - Photo shoot times are approximate. The photographer will quickly photograph each space, striving to stay on schedule, but your photo shoot may be a bit more challenging than others (because of obstacles or unforseen complications). Please just be prepared to hangout a little longer if needed.

NOTE (REC'D SQFT) - The Square Footage quote for each photo rate is just a recommendation, suggesting the amount of images you may need for that size of a property (MLS recommendation). Personally I think less is best, leaving some imagination, encouraging the prospective buyer wanting to see more).

Please then contact Tom Hunter Photography by phone or email with your photography needs, including the date, time, property address, and photo rate, along with your full contact info (full name, phone #, agency, address, etc).

Tom Hunter photography will return your call or email (asap) to discuss your photography request. If available, an email will be sent to you with the requested assignment information, a Photography Check List (pdf), and Term & Conditions for you to review.

If all is good, please send a confirmation email stating that you agree to the property assignment and Terms & Conditions (Example: I "your name" confirm to the "property address" photo shoot assignment and agree to all Terms & Conditions).

Tom Hunter Photography will then email you a payment invoice (by Square) for the total amount due. Once your payment had been fulfilled, the photography assignment will then be confirmed (with a confirmation email).

Tom Hunter Photography only accepts credit card as the form of payment (Visa, MasterCard, American Express and Discover), and your credit card will be processed via Square, Tom Hunter Photography does not accept Check and Cash as other forms of payment.

A Travel Fee will be added on to the overall cost of the photography assignment (Example: Photography Rate + Travel).

Photography starts at the time of arrival.

Limited time being a factor, Tom Hunter will effectively shoot a property in a short or reasonable amount of time, keeping the client on schedule with their busy day. Shooting each space will be very brief, so it is crucial that the agent, or staging company have the property space ready for photography at the scheduled time of arrival (all spaces will be photographed as is). Each space (for photography) will be selected by the photographer, unless, the realtor professional has already planned the flow of the shoot ahead of time (in keeping the pace moving in a timely manner).

Lighting is included, but will only be used at the photographers discretion.

Assisted staging is not included or any pre/post production requests (because of cost, time or workload restraints), all spaces will be photographed as is.

The client/agent must be present during the duration of the photo shoot.

During post production, the photographer will have full control of the workflow.

All images will be quickly processed (with minimal editing).

All image files will be sized for print (high res) and MLS (low res) output.

The digital image files will usually be delivered the following day (or sooner) via online digital file storage service (DropBox), unless the weight of the assignment is overwhelming or behind other assignments, then your images could take up to 72 hours.

A download link will be email to the agent/client (or to any publication) in order for the images to be received.

A Dropbox account is free, and is needed to download the image files. Download all images to a secure location (computer, external hard drive).

The photographer is not responsible for lost image files!

An invoice will be emailed to you for your records (Please read "PAYMENT POLICY" above).

Photography service is only available within the greater Prescott AZ. area, and is only available at the photographers discretion.

Travel is not included, and a travel fee of $1.35 per mile" will be added to the photography rate chosen.

The Express Photography Plan is based on a set rate, and is not permitted to be split up between other properties. Every property is invoiced as a separate assignment.

The agent/client agrees and is bound to Tom Hunter Photography's current pricing and “Terms & Conditions”, once the photography assignment has been confirmed by Tom Hunter Photography.
Some rules may be waved on future assignments upon a good standing relationship with the client.

VIRUAL 360 PHOTOGRAPHY:

☞ See the THP website for this service!

A 360 panorama photo assignment is somewhat similar as the default photo assignment, in terms of planning and location readiness (see above for details and terms). The difference is the method of photography (capturing the scene) and post process (time intensive and complex, catering to the clients needs of an assignment).

A 360x180 panorama may be used as a stand alone or made into a complex tour.

A stand alone 360x160 panorama may be added to Youtube, which is an additional process using video editing software (FCPX). ...YT panoramas may not work with all browsers!

A stand alone 360x160 and tour panorama maybe be added to a property website or any business website.

All panorama resolutions are set to the clients intended needs.

All 360 panoramas may include: still images, logos, icons, and copy/paste text to personalize the media.

Because of the complex post process involved, a 360 assignment may take longer to complete than a regular photo shoots post process (depending on the amount of spaces photographed and editing needs).

Due to workflow conflicts, the rate of this photography may be re-negotiated to compensate for any production needs, etc..

For Virtual 360 photography rates, click HERE!

DRONE SERVICE:

Drone Service is not available at this time.

Because of airspace restrictions(airport and fcc/government regulated areas), drone photography is mostly forbidden in the greater Prescott area.

Tom Hunter Photography does however own a drone that is only for recreational use, meaning that the drone may be used for still image use (not video), at no charge to the client (only in permitted areas, and at the photographers discretion regarding unsafe conditions or circumstances).

If drone photography is approved of, only one Image will be allotted (basic editing).

RE IMAGE DIMENSIONS:

All listing Images are sized for MLS and Brochure, Pamphlet, Leaflet, Flyer, Handout, Mail-Out advertising (residential real estate use only).

For Print, images are sized to 2500x1668 (300dpi).

For MLS, images are sized to 1050x700 (72dpi).

DIGITAL FILE QUALITY:

Tom Hunter Photography is committed to providing high quality services. Unless otherwise specified on the reverse side of this Agreement, Tom Hunter Photography may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Tom Hunter Photography may select, at a resolution that Tom Hunter Photography determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

Tom Hunter Photography uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.

It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Tom Hunter Photography’s sole obligation will be to replace or repair the data, but in no event will Tom Hunter Photography be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

COMMERCIAL SERVICE

COMMERCIAL PHOTOGRAPHY:

☞ See the THP website for this service!

Commercial photography is photography created with the intent of making the end user money; essentially, photography for commerce and business.

Commercial photographs are generally images of buildings, models, merchandise, artifacts and landscapes that are used for promotional purposes in websites, electronic devices, magazines, newspapers, books, reports, advertisements, corporate brochures and leaflets, menus in cafes and restaurants, catalogs, etc. In commercial photography, the entire photo shoot is devoted to the product being photographed. The lighting, styling and background is all taken into consideration.

There are many details to cover when assessing the cost for a commercial photography assignment, so there is no flat rate for this format of photography. I can say that each photography assignment will involve a creativity, production, travel and usage fee. By evaluating the essential necessities to accomplish a successful shoot, a price or quote may then be suggested.
Please call for information - (626) 825-2694, thank you.

WEB DEVELOPMENT

PROPERTY WEBSITES:

Each property website is custom built by Tom Hunter.

Each webpage built is designed for the use of selling a single property.

The content of a webpage may hold still photography, video, virtual 360 panoramas and agent/client/home owner information that pertains to the property for sale.

A limited amount of content may be added to the webpage, please see example "HERE" to get a basic idea.

For Property Website rates, click HERE!

*PERTAINING TO RE PHOTOGRAPHY*

FLOOR PLAN:

A 2D Floor Plan may be added in addition the default photography Plan, 360 Photography Plan, or a Property Website,

Floor Plans are limited to properties under 2500 square feet.

Showing Floor Plan dimensions are optional.

A Floor Plan image may be outputted as a JPG, PNG, or PDF.

DISCLAIMER: The 2D Floor Plans provided by Tom Hunter Photography are illustration renderings for advertising purposes only, and should not be used for contractor services or any usage that demands accuracy, as they are not exact measurements.

The provided 2D Floor Plans should only be used as a general indication of the property’s layout. Tom Hunter Photography does not make any guarantees about the accuracy and completeness of the 2D Floor Plan information, and the Floor Plans are to be used at your own risk.

Tom Hunter Photography will not be liable for any losses and/or damages in connection with the use of this website.

USAGE/COPYRIGHT

USAGE RIGHTS and OWNERSHIP:

All photographic materials, such as original image files and negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.

All images (digital files) photographed by Tom Hunter Photography, (residential or commercial) are strictly restricted of any use of publication (in any way), unless permitted by Tom Hunter Photography, in writing, by copyright law.

Each image (file) contracted for the use of residential real estate advertising includes a "ONE YEAR" non exclusive, non transferable usage right for real estate advertising only (not to be used for commercial use of any kind) by the end user (hiring agent/client), from the time the images are delivered (which will be stated on the invoice). The usage license fee (which is separate from the creative fee) is complimentary for the first year (only), additional use of any image (beyond its contract use), is subject to a usage license fee (for whatever the length of time is needed). All residential real estate images (under this one year contract), will be terminated of its usage contract, either by the end of one years use, or by the property being sold, during the first year of its contract (which ever comes first). Further use of any image file used for residential real estate advertising (beyond the one year usage date, or, after the property has been sold, within the one year of its contract use, which ever comes first), must be brought to Tom Hunter Photography's attention, to be relicensed under a new contract.

All residential real estate images (digital files) photographed by Tom Hunter Photography are contracted for a specific property (or property unit), specific time frame of use and specific end user.

All residential real estate images (digital files), that are under contract, may only be used to sell the one property (or property unit), for which it was intended for. It is not permitted by Tom Hunter Photography to use any previous job images (digital files) that do not pertain to the specific property (or property unit), for which that image was originally shot for.

Explanation: If Tom Hunter Photography photographs unit #101 at an apartment or condo complex, including a “front of building” and “landscape” shot for a client, the client may only use these specific images to sell that one property or property unit. If Tom Hunter Photography photographs unit #102 (at the same location - complex) at a later date, without a “front of building” and “landscape” shot, the client is not permitted to use any of the previous images shot for unit #101, to benefit unit #102's listing or advertising plan, unless Tom Hunter Photography releases the specific image file (s) needed, by charging a usage license fee.

If the agent/client is in need of the same image (front of building, landscape, etc.) to sell multiple units, in the same complex (location) then these images may be considered as a commercial usage (and a commercial usage license agreement will be advised), but if only used for residential real estate use, then each image will be priced for the use of each unit used (listed for MLS) in the complex or building.

All residential real estate images are under contact and may only be used for web content (such as realtor websites for selling the property, MLS websites, property listing websites) and prints (such as realtor property flyers, realtor property brochures, local news papers).

All residential real estate images are not to be used for commercial use in any way (such as advertising on websites, electronic devices, television, magazines, newspapers, books, property decor, etc.) to decor, promote or sell a product or business of any kind.

All images used for commercial advertising will be under (a commercial license) contract, and may only be used for the usage stated on the contract (such as publishing on websites, electronic devices, television, magazines, newspapers, books, property decor, etc.).

Client acknowledges that Tom Hunter Photography is the author of all Images and also the first and sole owner of all copyrights of the Image(s).

All Images and copyrights remain the exclusive property of Tom Hunter Photography without limitation. All usage rights to the Image(s) specifically granted by Tom Hunter Photography to Client will appear on the Agreement.

No electronic publishing, or Internet use, of any kind is permitted unless specifically stated.

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD. Client understands and agrees that they are not buying the Image(s) but only paying for a license (usage) to use the Image(s), and are bound to all Terms & Conditions of this Agreement on the Tom Hunter Photography website. The term of license begins from the date Photographer receives full payment of invoice. The use of any Image(s) will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. Unless otherwise agreed, Photographer retains the right to use any Image(s) for his self-promotion.

TOP

Please contact Tom Hunter Photography
for addition information and booking.

☎ 626.825.2694
E-mail: tom@tomhunterphoto.com